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Advice please!!! Thanks!

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  • I have decided to go ahead and draft representations now (as keeper) based on the stickies.

    One thing - as I said in post 15, this relatively small car park does not have a sign on either of its two entry/exit points although there it is possible to have them (I took photos yesterday). This breaches BPA Cop in most circumstances. Does anyone know where operators are exempt from this requirement?
  • Coupon-mad
    Coupon-mad Posts: 151,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 January 2016 at 4:50PM
    I'm in two minds. The beauty of my plan is that once they whack on their third fee to me as "keeper", they will have already screwed themselves POPLA or not.
    They won't have screwed themselves though, this is not a silver bullet. It's an arguable point and you'd leave yourself wondering for six years, even if you move house, whether Highview might one day try a few small claims.

    4 years ago ParkingEye never tried claims and people ignored them, now look...

    POPLA is a silver bullet and it's soooo easy for a keeper to win v firms like Highview.

    Re the signage question, they don't have to have an entrance sign if it's a car park only for resident permit holders for example (captive audience). But they do, if it's a retail park where the general public are invited in.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »

    POPLA is a silver bullet and it's soooo easy for a keeper to win v CP Plus because they don't use keeper liability.

    It's Highview though! ;)
  • Coupon-mad
    Coupon-mad Posts: 151,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just edited it... :)

    POPLA is still your best bet.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    No it was ANPR job.

    I fail to see what difference it makes if the car is sat there all day.

    Supposing (like with CP Plus at Moto service areas) you offer two hours free but do not inform a motorist how long he has to be away. He parks at 0904 which means his time expires at 1104. As such, what time is the vehicle next allowed on the premise?

    If it is an ANPR site, then it would record you in-out-in-out. Yes, they don't work sometimes and we know of the double dipping problems, but trying to rely on a lie is something that is PPC territory, but should not be your main plank. Glad to see you are changing tack and using tried and tested advice from here.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    It's Highview though! ;)


    this is what you get when someone change/adds comments by another operator , as in your posting


    "No it was ANPR job.

    I fail to see what difference it makes if the car is sat there all day.

    Supposing (like with CP Plus at Moto service areas) you offer two hours free but do not inform a motorist how long he has to be away. He parks at 0904 which means his time expires at 1104. As such, what time is the vehicle next allowed on the premise? "
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 151,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep that's what I saw and misread as being this case until I then skim-read the other posts and spotted it was in fact Highview. No harm done, both smashable at POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pappa_golf wrote: »
    this is what you get when someone change/adds comments by another operator , as in your posting


    "No it was ANPR job.

    I fail to see what difference it makes if the car is sat there all day.

    Supposing (like with CP Plus at Moto service areas) you offer two hours free but do not inform a motorist how long he has to be away. He parks at 0904 which means his time expires at 1104. As such, what time is the vehicle next allowed on the premise? "

    Point taken, I'll refrain from naming other operators for this thread.
  • Greatest_Player
    Greatest_Player Posts: 44 Forumite
    edited 31 January 2016 at 6:04PM
    Guys_Dad wrote: »
    If it is an ANPR site, then it would record you in-out-in-out. Yes, they don't work sometimes and we know of the double dipping problems, but trying to rely on a lie is something that is PPC territory, but should not be your main plank. Glad to see you are changing tack and using tried and tested advice from here.

    Guy's Dad, accept my apologies if I have caused confusion, evidently I have been misinterpreted somewhere within the thread so I will try to explain myself clearly.

    I have no intention of lying, and the advice I offered a girl concerning her boyfriend on another thread was not intended to mislead either...

    ...but now I see why TWO users referred to my points as a "red herring", my advice may not have been as good as theirs but a red herring it wasn't.

    1. I parked for the duration specified, that is the truth. I intend to inform Highview that the car was on the premise as recorded.
    2. Had there been a condition stating "no return within two hours", then I wouldn't even be here discussing this, I may have held up my hands and submitted payment.

    ...but...

    3. It seems that all operators believe the Beavis case is a green light to terrorise vulnerable people with fanciful theories that their demands are lawful. Well that isn't the case, BPA members are still required to follow the Cop, and EVERY operator is bound by POFA 2012. So, when it is clear that they violate both protocols, no keeper should simply pay up because he did wrong. First the operator MUST tick EVERY SINGLE BOX and only then is the allegation a certified breach.

    4. Contracts may not be inconclusive, if everyone else can specify how long before a car returns, I see NOTHING to have prevented Highview doing the same thing. I don't pretend I never knew they never wanted me parked more than a full hour, but unless they print it out in black and white that after one hour the car must be gone for x-amount of time then we can safely assume that a 1300 expiry is refreshed at 1301 because it constitutes a fresh session, something that could not have been done if they had used more print spray like the others have done.

    So, if the car next to me left and returned every 45 minutes from 0600 to 2200, how come he isn't in breach? Would the landowner suddenly endorse this because it circumvents his technicality?

    Sorry if I wasn't clear in earlier posts.
  • Coupon-mad wrote: »
    ... But they do, if it's a retail park where the general public are invited in.

    I didn't want to say this but it's a Tesco Express. Does that count?
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